Narrative Opinion Summary
In this appellate case, environmental organizations, as plaintiffs, challenge the district court's denial of attorney fees following a lawsuit under the citizen-suit provisions of the Clean Water Act, 33 U.S.C. § 1365(d). The plaintiffs sought fees after an initial success in summary judgment, which was contested by the City of Seward through a cross-appeal. The appellate court, adhering to the precedent established in Saint John’s Organic Farm v. Gem County Mosquito Abatement Dist., remanded the matter to the district court to assess whether the plaintiffs are prevailing parties and thus eligible for attorney fee recovery. Concurrently, the court addressed the City of Seward's unopposed motion, resulting in the dismissal of its cross-appeal. The appellate court directed the district court to consider vacating its previous summary judgment concerning the permit requirements for Seward's Small Boat Harbor. The decision reflects procedural resolutions rather than substantive legal changes, with the remand and dismissal orders facilitating further district court consideration. This disposition, not intended for publication, does not establish precedent under 9th Cir. R. 36-3.
Legal Issues Addressed
Attorney Fees under the Citizen-Suit Provisions of the Clean Water Actsubscribe to see similar legal issues
Application: The appellate court remands the case to the district court to determine if plaintiffs qualify as prevailing parties eligible for attorney fees under 33 U.S.C. § 1365(d).
Reasoning: Plaintiffs Resurrection Bay Conservation Alliance and Alaska Community Action on Toxics are appealing the district court's denial of attorney fees under the citizen-suit provisions of the Clean Water Act, 33 U.S.C. § 1365(d).
Dismissal of Cross-Appealsubscribe to see similar legal issues
Application: The court grants the City of Seward's unopposed motion to dismiss its cross-appeal, thus negating the need for further appellate consideration on this matter.
Reasoning: Additionally, the court grants the City of Seward's unopposed motion to dismiss its cross-appeal in Case No. 08-35440.
Remand for Consideration of Summary Judgment Vacatursubscribe to see similar legal issues
Application: The case is remanded to the district court to consider vacating its summary judgment concerning the permit requirement for the Small Boat Harbor.
Reasoning: The appellate court remands the case for the district court to consider vacating its summary judgment regarding the permit requirement for the Small Boat Harbor.
Standards for Determining Prevailing Party Statussubscribe to see similar legal issues
Application: The district court is tasked with applying the relevant standards to ascertain whether the plaintiffs are prevailing parties, as directed by precedent.
Reasoning: Following the precedent set in Saint John’s Organic Farm v. Gem County Mosquito Abatement Dist., the appellate court remands the case to the district court to determine if the Plaintiffs are prevailing parties and whether an attorney fee award is appropriate, applying the relevant standards.